MELODIES, INC. v. MIRABILE


7 A.D.2d 783 (1958)

Melodies, Inc., Respondent, v. Carmelo Mirabile, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1958


The contract, which apparently was prepared by the plaintiff or its representatives, relates to installation of music service to the defendant's bar. The gravamen of the complaint was that defendant breached the agreement by discontinuing the service. Defendant admitted the agreement but denied a breach thereof, and alleged as a separate defense that the agreement was merely a license which was terminable at will. By its terms the agreement could have been terminated at any...

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